Fair Housing vs. Unfair Housing

Do you know the difference?

Knowing the difference between fair housing and unfair housing isn't as obvious as you might think. This blog aims to present a variety of important and interesting fair housing issues.

If you're an apartment professional, avoid costly mistakes by reading the stories of others who — even with good intentions — learned compliance lessons the hard way. (For the easy way, click here.)

If you live in an apartment, get familiar with your rights when it comes to housing discrimination, as well as your options for seeking justice.

Wednesday, October 23, 2013

Seven Years After Its Enactment, a Local Fair Housing Law Has Its Day in Court

A New York court judge ruled that owners and managers of a Buffalo apartment complex are liable for violating the city's fair housing law banning discrimination based on source of income. At issue was whether a prospective tenant can legally be turned away because she holds housing choice (Section 8) vouchers.

The judge ruled that such action violates the ban because landlords in that city can't base tenancy decisions on where a prospect would get the rent money owed under their lease.

The 2013 ruling is the first for this civil rights ordinance, which was enacted in 2006, according to a report from WNYmedia.net. The court will rule on damages in a separate proceeding.

Should federal law include "source of income" as a protected class? Is it fair for landlords to not have a choice when it comes to housing choice vouchers?

What do you think?

Important to note:
  • In addition to cities, many states include protected classes not found in the Fair Housing Act. Check out the "Protected Classes Tool" at fairhousingresources.com to find out the situation in your state.
  • As an owner or manager, it's important to get familiar with state and local differences in fair housing law when running a building in a different part of the country. In this case, the apartment complex was owned by absentee owners and managers based in California, according to the report. Learn more compliance tips by reading the new Fair Housing Helper for Apartment Professionals.

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